Działalność gospodarcza poddana reglamentacji w świetle orzecznictwa Trybunału Sprawiedliwości (na przykładzie prowadzenia gier hazardowych)

Abstrakt

ECONOMIC ACTIVITY SUBJECTED TO REGLAMENTATION IN THE LIGHT OF THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION EXEMPLIFIED BY CONDUCTING GAMBLING

In EU law, conducting gambling is classified as the exercise of the freedoms of the internal market, regulated in the Treaty on the Functioning of the European Union. Conducting gambling is not currently regulated or harmonized at EU level, and therefore the regulation of gambling is the competence of Member States. EU law defining acceptable ways of regulating gambling in the Member States is now a judge-made law and the result of the creative jurisprudence of the Court of Justice of the European Union. So far, the Court has issued dozens of judgments in which it interpreted Treaty provisions proclaiming the freedoms of the internal market in the context of conducting gambling. These judgments provide a direct or indirect assessment of whether national law complies with EU law.